Terms and Conditions

Terms & Conditions—Please Read Carefully

1. The purchase of any travel services offered by Circuit Travel Pty Ltd (ABN 12 001 268 257), authorised to trade as The Globus Family of Brands (which includes the authorisation to trade as Globus, Cosmos, Monograms and Avalon Waterways) (“The Company”) constitutes a contractual arrangement between you (also referred to in these conditions as “traveller ”) and The Company, and represents your acceptance of The Company’s Terms & Conditions as set out herein. Please ensure that you carefully read and understand these Terms & Conditions prior to booking. As the lead traveller, you represent and warrant that you are at least 18 years of ages and authorised to accept The Company’s Terms & Conditions on behalf of everyone named in your booking, and you will be deemed to have accepted The Company’s Terms & Conditions on behalf of everyone named in your booking. You are advised to check The Company’s websites or to request the latest version of the Terms & Conditions from your Travel Agent or The Company prior to booking your holiday.

2. Terms & Conditions are accurate at time of publication and are subject to change prior to booking. You are advised to check on the websites or request the latest version of the Terms & Conditions from your Travel Agent or a representative of The Company prior to booking your holiday.

HOW TO MAKE YOUR RESERVATION

3. To make your reservation or for more information see your Travel Agent, visit our website or contact a local representative of The Company.

HOLIDAY AGREEMENT

4. Payment on any holiday indicates you and all members of your travelling party have read and accepted these Terms & Conditions. Your booking is not confirmed until your payment is processed by The Company and you receive a confirmation invoice.

HOLIDAY DEPOSIT

5. A $250 non-refundable, non-transferable, per-person, per-holiday deposit is required to reserve space for you, with some limited exceptions, as noted below. Air arrangements may require an additional deposit as noted in the air-inclusive holidays sections below.

EXCEPTIONS TO HOLIDAY DEPOSIT

6. The following holiday deposit dates apply to these holidays. Please see your invoice for more information on deposit and/or final payment dates.

• For holidays that include Oberammergau in 2020, an additional $350 per person non-refundable per person deposit is due on June 15, 2019. Initial deposit prior to that date is the standard $250 per person non-refundable.

HOLIDAY FINAL PAYMENT

7. Final payment for your holiday is due 60 days prior to commencement of services, with some limited exceptions, as noted below. Within the final payment date, payment in full is required at time of booking to reserve space. Reservations (land, cruise, and air) are cancelled if final payment is not received by the due date; cancellation penalties apply, as noted below. For group reservations, Travel Agents should refer to the Group Policy, which will be provided to you by The Company upon request and is also located on the Travel Agent Portal.

8. Subject to below, you have a cooling-off period of seven (7) days during which you may cancel your holiday. Your cancellation must be made in writing to The Company within the cooling-off period. The cooling-off period will commence on the first day following the day on which you book your holiday. If you cancel your holiday during the cooling-off period your deposit will be refunded and no cancellation fee will apply. If you do not cancel your holiday during the cooling-off period, then all other of these Terms and Conditions apply.

• No cooling-off period will apply to holidays booked less than 60 days before a scheduled land tour departure, and less than 90 days before a scheduled cruise departure, or earlier if specified for the particular holiday. For bookings made within these periods, payment in full is required at the time of booking.

INVOICING & FORM OF PAYMENT

9. You are responsible for verifying everything on your invoice is accurate and complete, including dates of travel, options selected, and that each traveller matches the relevant passport. The Company cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the invoice. Changes are subject to the fees and penalties as noted on the invoice. In the case of billing errors, The Company reserves the right to re-invoice you with correct pricing. Please check what form of payment is acceptable upon booking.

SUBJECT TO CHANGE ITINERARIES

10. Holiday departures in 2020 are subject to itinerary modifications. Full details will be available in September 2019. Travelers have the right to cancel their reservation without penalty within 7 days of notification in the event of itinerary modifications for departures in 2020 prior to the release of the 2020 brochure. Vacations with Oberammergau in 2020 are final and subject to full cancellation penalties.

BOOKING CANCELLATIONS & CANCELLATION FEES

11. If a booking cancellation is received by The Company prior to the final payment date of your holiday, your non-refundable holiday deposit and Travel Protection payments will be retained in addition to any airline-imposed fees or cancellation charges or payment as noted below.

12. For individual reservations, the following per-person cancellation fees apply for cancellations within final payment date. Total price does not include discounts, promotions, or special incentives. (For group reservations, refer to the Group Policy.)

13. Travel Protection payments are always non-refundable once purchased and will be added to the cancellation fees.

STANDARD CANCELLATION FEES

14. The following cancellations are applicable to all holidays unless otherwise noted.

• 60-22 days prior to commencement of services: 20% of total price

• 21-8 days prior to commencement of services: 30% of total price

• 7-1 days prior to commencement of services: 50% of total price

• On departure day and later: 100% of total price

EXCEPTIONS TO THE STANDARD CANCELLATION FEES

15. For holidays that include Oberammergau in 2020, the following cancellation fees apply:

• 60-22 days prior to commencement of services: 40% of total price

• 21-8 days prior to commencement of services: 60% of total

• 7-1 days prior to commencement of services: 80% of total price

• On departure date or later: 100% of total price

16. For Cosmos Lite vacations, the following cancellation fees apply:

• 60-31 days prior to the commencement of services: 50% of total price

• 30-2 days prior to the commencement of services: 90% of total price

• 1 day or less prior to the commencement of services: 100% of total price

Note: Pre-paid gratuities are not subject to cancellation fees.

17. Cancellation fees may also apply to any additional services, including extra night accommodations, independently supplied services, and optional excursions reserved prior to, during, and after the tour. If flight changes, including, but not limited to, flight cancellations or name changes, are requested after full land and air deposits are received, revision fees, change fees, or airline cancellation fees will apply (see “Revision Fees” below). In many instances, airline revision or change fees may be up to 100% of the ticket price. Cancellation penalties will be quoted at time of cancellation.

YOUNG TRAVELLER RESTRICTIONS & DISCOUNTS

18. Travellers who are under 18 years old on the departure date must be accompanied by an adult throughout the holiday and are requested to share an adult’s accommodation.

19. The following young traveller discounts apply to Cosmos holidays. The below discounts apply when sharing accommodations with two adults. To receive the young traveller’s discount, the age of the traveller must qualify at commencement of services.

• On Cosmos escorted holidays, young travellers ages 8-17 receive a 10% discount on the base land vacation price.

SHARE ACCOMMODATIONS

20. By selecting a share accommodation, you are authorising The Company to match you with another traveller as your roommate for the duration of your holiday. The roommate pairing will be of the same sex and roommates will be assigned at time of travel. If no roommate pairing is available, you will receive the single accommodation at The Company’s expense. Share accommodations are not available on some holidays.

21. The Company is not liable for any roommate pairing compatibility and, by accepting and purchasing a share accommodation, you waive The Company from all inherent risks in being assigned a roommate.

22. The Company is not responsible for any disputes between roommates (such as sleep patterns, snoring, noise, etc.). Any dispute between roommates is your responsibility to resolve. During the holiday, alternate single arrangements, if available, may be secured but are never guaranteed. You are responsible for all expenses for any change in accommodation on tour and payment in full will be required immediately upon securing new accommodations.

23. All shares are non-smoking.

24. There are no share options on Cosmos Lite.

AIR ARRANGEMENTS

25. The Company is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through The Company, we will try to assist in making new arrangements, provided you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.

26. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by The Company for portions of trips missed due to cancelled, rescheduled, or delayed flights after airport check-in, nor is Cosmos responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.

27. The Company will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.

AUTHORITY TO REMOVE OR REFUSE PASSENGERS

28. In the sole discretion of The Company, The Company may refuse transport to any passenger or may require any passenger to leave the tour if it is reasonably believed that the passenger (1) is dangerous to others or to himself or herself; (2) has engaged in, is engaged in, or is threatening to engage in, behaviour that may adversely affect the safety, security, comfort, enjoyment, or well-being of other passengers or Cosmos representatives, including, but not limited to, behaviour that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or (3) has failed or refused, or is failing or refusing, to follow The Company’s rules and procedures or the instructions of The Company or its representatives. In the event a passenger is removed, such passenger may be left at any city without any liability to The Company or its representatives. The Company shall not be required to refund any portion of the price paid by any passenger who is removed under the terms of this paragraph, nor shall The Company be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the passenger. The Company shall be entitled to recover from the passenger any costs or expenses incurred by The Company or its representatives in the removal of the passenger or the exercise or enforcement of this clause.

BAGGAGE ALLOWANCE & LIABILITY

29. Porterage at hotels for one suitcase per person is included in the holiday price (where available). Airport/train station porterage is not included, unless otherwise specified in your travel documents. Be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Regulations within most airports require travellers to handle their own luggage through Immigration & Customs.

30. Your single bag should have dimensions not exceeding 30”x21”x11” and weight not exceeding 50 lbs (22 kg). We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any Cosmos holiday. Some holidays have more restrictive regulations than those listed above. Refer to your Travel Documents for more information.

31. Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination. While making an air-inclusive booking, you will be provided with baggage fee information. After booking an air-inclusive booking, up-to-date information on carrier-specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information about additional discounts that may apply depending on flyer-specific factors (e.g., frequent flyer status, military, credit card used for purchase, or early purchase over the Internet, etc.), can be found on the carrier’s website. The Company is not responsible for additional fees imposed by air carriers for baggage, and these fees are not included in the air-inclusive holiday price. You will be required to pay these fees directly to the airline at check-in.

32. No responsibility is accepted by The Company for loss of or damage to baggage or any of the traveller’s belongings throughout the duration of the vacation. Travelers are strongly encouraged to not bring valuables such as jewellery and large amounts of cash. Any such valuables should not be left in baggage out of the control of the traveller. Baggage insurance is recommended.

33. Carry-on bags should not exceed the dimensions of 12”x11”x 6”. For safety reasons, wheeled carry-on bags are not suitable as hand luggage on motorcoaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.

DATA PROTECTION

34. Some government agencies in foreign countries require The Company to collect and pass on in advance of travel certain personal and other details related to you, including, but not limited to, government-issued identification and passport details. If you fail to supply the details fully and accurately, as requested, your trip may be interrupted or cancelled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.

35. We will use your personal data secured during your booking or during online check-in to process your booking with our suppliers. These details include your full name, address, date of birth, passport number and expiration date, occupation, credit/debit card information and any disability, medical conditions, or dietary restrictions disclosed to The Company for you and all in your travelling party.

36. It may be necessary to transfer these details to other countries or authorities whose data protection and privacy laws are less stringent. This may include requirements to pass details to our suppliers as well as certain governments or government-appointed bodies, or agencies in the interest of security or because we are obliged to by law. By making a booking with The Company, you agree to The Company storing, using, and passing on this data to other third parties for reasons as stated above and hold The Company not liable for the usage and protection of that data.

EMERGENCY CONTACT DETAILS

37. All passengers must provide emergency contact details and passport and travel insurance information prior to travel. This includes a “Local” contact so that The Company can get in touch with friends or family in the rare case of an emergency as well as an “On Tour” contact, i.e. mobile phone number or email address, for use by the Tour or Cruise Director. Emergency contact details can be provided through your travel agent or your My Account (log in or register via travel.globusfamily.com.au).

LANGUAGE

38. All Tour Directors, Local Hosts®, Local Guides, and ships’ crews speak English, and all vacation commentary and instruction are conducted in English only. For safety purposes, and for maximum enjoyment and understanding, you should be able to read, understand, and speak English.

FORCE MAJEURE

39. The Company assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labour disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Cosmos that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions. In the event that any of these conditions apply, Cosmos shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.

FREQUENT FLYER & HOTEL REWARD PROGRAMS

40. Frequent Flyer mileage accrual is at the discretion of the airline(s), and is not always granted for airfare purchased through The Company. You will need to contact the airline(s) directly for information on Frequent Flyer programs and any applicable reward mile accrual. Cosmos cannot assist with this process. Cancellation penalties, as noted above, will apply to all airfare, regardless of accrual grants. Take this into consideration before purchasing airfare.

41. Hotel rewards/points cannot be earned or redeemed with hotels used by The Company.

GRATUITIES

42. Gratuities are included for services during the land stay of your vacation, unless otherwise noted above. This includes wait staff at included meals, hospitality staff at hotels for nights purchased through The Company, and porterage at hotels for one suitcase per person. Gratuities for your Tour Director, Local Hosts®, Local Guides, driver, and ship’s crew are not included in the holiday price (unless otherwise noted in pricing details) and are discretionary.

HOLIDAYS & SPECIAL EVENTS

43. During local or national holidays or special events, peak seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Cosmos cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason.

44. Christmas markets generally open in late November and close around the third week of December.

HOTELS, ACCOMMODATIONS & TRANSPORTATION

45. The hotels listed on the website or in the brochure are intended to be used on all departures; however, hotels are not guaranteed. The Company reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality to those shown. No refunds are provided for hotel changes; full cancellation penalties, as noted above, apply.

46. The Company contracts twin-bedded rooms. Double-bedded rooms may be requested but are never guaranteed. Triple rooms are the same size as twin-bedded rooms and are at the discretion of the hotel. Triple rooms will have beds to accommodate three people, but three separate beds cannot be guaranteed. The additional bed, if available, is often a roll-away bed put in for the night. If there are only two beds, a roll-away may be requested but cannot be guaranteed. If available, additional charges may apply for a roll-away and are payable by you directly to the hotel. Some hotels do not offer triple rooms. When a triple room is not available, hotels may provide one twin-bedded room and one single room.

47. Single supplements ensure your own room, not necessarily a twin- or double-bedded room. Single rooms in hotels are generally smaller in size and may be less conveniently located. On overnight ferries, single cabins may not be available or are limited and singles may be asked to share.

48. Room and bed preferences are not guaranteed.

49. Check-in times vary worldwide; The Company cannot control or guarantee check-in times.

50. Air-conditioning in hotels is not guaranteed and dependent upon local and national laws and regulations. Though hotels may have air-conditioning as a listed amenity, the usage of air-conditioning is often not available at night or in the off-seasons (October–May). Other restrictions may apply. The Company has no control over air-conditioning restrictions and regulations.

51. In the rare event included train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate and are subject to change.

MEDICAL & HEALTH

52. The Company does not employ medical personnel. Any medical attention you require while traveling with The Company must be sought through a local medical facility, if/when available, for diagnosis. All related charges are at your expense. Cosmos cannot guarantee the availability of medical facilities or for the quality of the care or services.

53. Cosmos reserves the right to remove or quarantine any passenger who shows signs of illness, or who poses a threat to the safety and health of other passengers. Removal or quarantine of passengers for any health, safety, or behaviour-related assessment is at the sole discretion of Cosmos. Any costs incurred for medical assessments, diagnosis and/or any other medically-related charges are your responsibility to pay and are due at time of services. Passengers will be allowed to re-join Cosmos with confirmed medical certification from a licensed health practitioner indicating fit to travel without causing harm or posing a safety threat to other passengers.

MOTORCOACHES

54. Cosmos follows a mandatory, daily seat rotation on motorcoaches. For the enjoyment of all passengers, you must adhere to the rules of the Tour Director regarding seat rotation. Alcohol consumption is not allowed on board Cosmos transportation.

55. Many local laws require the use of seatbelts while travelling. When seatbelts are provided, you are responsible for wearing your seatbelt. The Company is not liable, nor are our service providers, for any injury, loss, damages, claims, or death resulting from any accident or incident if you were not wearing your seatbelt at the time of the accident or incident when the motorcoach is equipped with them.

WELCOME BACK CREDIT (Repeat travellers)

58. The Welcome Back Credit will be awarded upon completion of Globus family of brands holidays. Credit amount can only be applied to the land/cruise or cruise only portion of a new Globus family of brands holiday (excluding Escapes by Globus, 2020 Oberammergau, Monograms City Getaways, Cosmos Lite, and Custom/Charter holidays). Credit amount is per person and must be redeemed for a future holiday with a deposit within 2 years from date of credit issue. Bookings can be made by calling a local representative of the Globus family of brands, or by contacting your preferred travel agent. Passenger name or past invoice number is required to redeem the credit. Combinable with all applicable consumer promotions except those with any Globus family of brands special discount programs of the holiday price. Credit is not redeemable for cash, non-refundable deposit, airfare, transfers, travel insurance, prepaid gratuities, pre/ post nights, or optional excursions and is non-transferrable. Valid for all participating Globus family of brands offices. Additional restrictions may apply.

NOT INCLUDED IN THE LAND/CRUISE HOLIDAY PRICE

59. Airfares & airport taxes and fees (unless specified); passports; visas; airport transfers; vaccinations; tips to your Cruise/Tour Director, Tour Driver (unless pre-paid, see below), local city guides and other ship personnel; gratuities on ferries, trains and cruise ships laundry; telephone; mini-bar; alcohol; beverages and food not on the contracted Cosmos menu (these extra items will be billed to you before leaving the hotel, ship or restaurant); optional excursions; porterage at airports and train stations; SafetyNet Protection; insurance of any kind; baggage fees; and all other items of personal nature. Your confirmation booking information will contain information about these fees. If you would like more information prior to booking, please contact your Travel Consultant.

OPTIONAL EXCURSIONS

60. Optional excursions (“the Services”) available for booking are provided by local operators or other third parties that are entirely independent of The Company and do not form any part of the product or services sold to you by The Company or of these Terms & Conditions, even where The Company suggests particular operators/other third parties and/or assists you in booking such optional shore excursions. Your contract for such Services will be with the organiser or operator of that Service, and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. The Company has no liability for any such optional excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional excursion.

61. Any advice or assistance on or with any Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by The Company, or that any such advice or assistance is given on behalf of The Company. Holiday participants are asked to check with the operator of any optional excursion and the applicable Terms & Conditions before booking.

62. For operational reasons, not all optional excursions listed in the itinerary, in print, online, or in travel documents may be available during your holiday. Your Tour Director will advise of availability while on the tour.

63. Optional excursions purchased online are subject to the Optional Excursions Term & Conditions, which can be found on the optional excursion booking site.

PHOTOGRAPHS & PICTURES

64. Photographs or pictures appearing in our brochure and/ or on our websites should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the holiday pages are current at the time of printing and may not reflect the actual routing should the itinerary change.

PRICE POLICY

65. All holiday prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare, except where noted on specific itineraries. Holiday prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions are listed where applicable. Not all accommodation types are available on all holiday.

66. Prices are subject to change without notice, subject to the guarantees set forth below.

67. Once The Company has received your full land deposit for any cruise holiday, that land price is guaranteed and you are protected against any base land price increase due to currency surcharge. Any subsequent land or cruise cost increases are at The Company’s expense, not including energy cost increases and/or any government tax increases.

68. Pricing for air-inclusive holidays, including those with intra-holiday air, are guaranteed when The Company has received your full land plus air deposits and/or full air payment, as noted above. The Company reserves the right to ticket holidays with intra-holiday air, upon receipt of full land and air deposits; thus, any subsequent revisions made at your request are subject to airline-imposed change fees, cancellation fees, and/or changes in airfare price, which are your responsibility to pay.

69. See above for holidays with itineraries noted “subject to change”.

REFUNDS

70. Any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveller. For Private Touring, changes made at your discretion en route to tour features or tour services (e.g. meals, included sightseeing, etc.) are not refundable nor exchangeable for other services.

REVISIONS & REVISION FEES

71. In addition to any airline-imposed change fees, a fee of $30 per person will be charged by The Company for any alteration or revision made to a reservation after deposit is received. Any revision to a booking, including, but not limited to, flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare, which will be payable by you.

72. Intra-holiday air and hotel penalties may also apply to alterations or revisions to a booking, and may be up to 100% of the full price.

73. A change of traveller name, holiday date, or itinerary within final payment will be treated as a full cancellation and new reservation; holiday and airfare cancellation fees, as above, apply.

SAFETY

74. Be aware that during your participation on holidays operated by The Company, certain risks and dangers may arise beyond our control, including, but not limited to: the hazards of travelling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. The Company will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While The Company will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a holiday and/or optional excursions you agree that you will hold The Company harmless regarding any provision of medical care or the adequacy of any care rendered. The Company is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Cosmos harmless for such.

75. No weapons of any type are permitted on holidays operated by The Company at any time. This includes, but is not limited to, firearms, knives, mace, brass knuckles, and other weapons of any type.

SERVICE INQUIRIES AFTER THE HOLIDAY

76. As it is difficult and sometimes impossible to properly investigate a complaint if The Company is not advised of such complaint quickly, please follow the complaints procedure set out in this clause.

77. After returning from your holiday, if you wish to inquire about any services provided, ensure that all correspondence relating to those services is received by The Company, (see address under “Responsibility”). Any complaint or claim involving the holiday services offered in The Company’s brochure or website, involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the holiday participant, must be notified to The Company while on holiday or within 30 days of the holiday completion, except where such time limitations are prohibited by law.

SMOKING & ILLEGAL DRUGS

78. Smoking is not allowed on transportation that is exclusively provided by The Company. On cruise ships, smoking is restricted to certain areas of the vessel. Smoking includes cigarettes, e-cigarettes, cigars, e-cigars, or any other smoking device.

79. Many hotels, restaurants, and other venues are smoke-free or have non-smoking regulations in public spaces. Smoking may be restricted to certain areas or not allowed. You are responsible to abide by all third-party smoking policies.

80. Hotels may impose a 100% non-smoking policy. If you require a smoking room, a request may be submitted, but we cannot guarantee availability.

81. Any carriage or possession of illegal drugs will result in immediate termination of the holiday. You are responsible for knowing and observing the licensing laws for drug possession for all countries and states you are visiting. Repatriation is at your expense.

TOUR CANCELLATIONS

82. The Company reserves the right to cancel or reschedule any holiday departure for any reason, including insufficient demand or force majeure (see section 40 above). If a holiday is cancelled prior to departure, The Company’s only responsibility will be to refund the amount received for the reservation. The Company will try to rebook the same holiday with a different departure date, or a similar holiday, but there is no guarantee of availability of offering. For air-inclusive holidays, The Company will try to confirm air schedules for the selected new dates, subject to availability. The Company cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through The Company.

TRANSFERS

83. Unless otherwise specified on your invoice, transfers arranged by The Company are provided by independent transportation companies and are group transfers operated by motorcoach and may have pre-set departures times. The Company is not responsible for flight delays, delays in immigration or customs, delays due to lost baggage, or for any reason beyond our control if you miss your transfer. Missed transfers are non-refundable.

TRAVEL DOCUMENTS

84. Travel Documents, including e-ticket itineraries, are available by post approximately 2-3 weeks prior to departure, provided full payment and Emergency Contact Details have been received and passengers have acknowledged the Globus family of brands Terms and Conditions, via their customer MyAccount. A service charge will be applied where multiple copies of documentation are requested. Alternatively, e-documentation may be issued.

TRAVELLING WITH CHILDREN

85. Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be travelling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.

TRAVELLERS WHO NEED SPECIAL ASSISTANCE ON TOUR AND/OR CRUISES

86. You must report to The Company any disability requiring special attention while on tour or on cruise at the time the reservation is made. The Company will make reasonable attempts to accommodate the special needs of disabled travellers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. Cosmos does not provide personal services (such as pushing a wheelchair, assisting with walking, etc.) and The Company does not provide individual assistance to a holiday participant for walking, dining, getting on and off coaches, cruise ships, and other vehicles, or other personal needs. A qualified and physically-able companion should accompany travellers who need such assistance.

87. If we are not notified at time of reservation of any disability requiring special attention, The Company reserves the right to cancel your booking or terminate your holiday if your special needs or disabilities are not suitable for the holiday, pose a threat to the health and safety of other participants or The Company’s staff, are incompatible with other travellers, or if you are not traveling with a companion who provides all the assistance you require. The Company will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the holiday. Cancellation penalties, as above, apply.

88. Some locations and sightseeing activities may not accommodate wheelchairs and may require extensive standing, sitting or walking. The Company will not refund or cover any cost or expense incurred for any missed activities due to a participants’ inability to fully participate with the group. The Company is not responsible for any missed activities due to a traveller’s inability to participate with the group. Most transportation services, including the touring motor coaches and cruise ships, are not equipped with wheelchair ramps.

89. Motorised scooters and motorised wheelchairs are not suitable for international travel and are not permitted on Cosmos tours. Arrangements cannot be made to carry or use these on tour or cruise, and if you bring one, you will be asked to make alternate arrangements for transporting the scooter to your end destination at your expense.

90. Dietary requests and preferences must be provided to The Company at the time of booking. Generally, special dietary or meal requests cannot be processed and are subject to availability at the hotel or venue. There is no guarantee of availability, however, and there may be an additional charge associated with such request, which is payable by you at time of service.

VISAS & PASSPORTS

91. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. The Company is not responsible for providing specific visa and passport information or documentation, and The Company cannot accept liability for any traveller refused entry onto any transport or into any country due to failure of the traveller to carry correct documentation.

92. You must have a passport to travel internationally. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling. Multiple-entry visas are required for some holidays. The process of obtaining a visa and/or passport can take up to three months or more.

WAIVERS

93. During the course of your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions, or may require you to execute additional documents, waivers, or releases. It is understood that any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and conditions or that are required by those independent suppliers will also inure to the benefit of Avalon Waterways, Globus, Cosmos and Monograms.

WI-FI

94. Wi-Fi connectivity on transportation provided by Cosmos (for tours where Wi-Fi is available on the motorcoach) is provided by an independent third party with separate Terms & Conditions of usage and acceptance thereof. These can be found online or will be made available upon request. Wi-Fi connectivity is not guaranteed, and is often disrupted, unavailable, and slower internationally than you are accustomed.

RESPONSIBILITY

95. Cosmos Circuit Travel Pty Ltd. is an independent company (“the Company”) licensed to market and distribute travel products under the Globus, Cosmos, Avalon Waterways and Monograms brand names, and arrange for the holiday services offered on this website or in the brochure, including transportation, sightseeing, and accommodations through independent contracts.

96. Air carriers, accommodations, and other suppliers (including, but not limited to, trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint venturers of The Company or its affiliates. From time-to-time, and for the purpose of identifying those independent third-party suppliers of services as the provider of a component or part of a Cosmos cruise, package or tour, some or all of those entities may utilize the name “Cosmos” on promotional media, signage, or attire. Although you may see the name “Cosmos” on vehicles, signs, apparel, or elsewhere during your cruise, tour, or excursion, its use by third-party suppliers is solely for the purpose of identification and does not represent or signify in any way ownership, management, supervision, or control by the Company of services that are provided by independent third-party suppliers or of the employees, servants, or agents of the third-party suppliers. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.

97. The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (holiday participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail or road carrier, or any stay in a hotel, the Company’s maximum liability is the maximum that would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.

98. After departure, if the Services included in the holiday cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of holiday participants, and any resulting savings will be refunded by the Company to holiday participants.

99. The Company reserves the right to accept or reject any person as a holiday participant; to expel any participant from the holiday; to make changes in the itinerary whenever the Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a holiday at any time.

100. The holiday participant agrees that neither The Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection plan, or any other person.

101. Notwithstanding anything contained in these conditions, The Company shall continue to be subject to any guarantees provided by the Competition and Consumer Act 2010 and the Australian Consumer Law (the Act) if and to the extent that the Act is applicable to these conditions and prevents the exclusion, restriction and modification of such guarantees.

102. The Company excludes all liability including liability for any loss, damage, costs and expenses whatsoever (including personal injury, death, and property loss) that may arise in connection with or arising out of your holiday and liability under implied conditions, and warranties and guarantees except any guarantees, the exclusion of which would cause this Clause to be void, such guarantees being referred to in these conditions as “non-excludable guarantees”.

103. The Company limits its liability to you for breach of any non-excludable guarantees to the supplying of the service again or the payment of the cost of having the service supplied again, as determined by The Company.

104. You agree that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss) or expense occasioned by any act or omission of any Supplier providing services, or of any insurer or insurance administrator, or of any other person.

105. Legal proceedings against the Company may be instituted only in a court within the State of New South Wales, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of New South Wales. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive or aggravated damages. No person, other than an authorised representative of the Company by a document in writing, is authorised to vary, add, or waive any term or condition in this brochure/ website, including any term or condition set forth in the preceding provisions.

106. No person, other than an authorised representative of the Company by a document in writing, is authorised to vary, add, or waive any term or condition on its website or in its brochure, including any term or condition set forth in the preceding provisions.

TRADE NAME COSMOS and TURNING TRAVEL DREAMS INTO REALITY are trade and service marks owned and/or applied for and/or registered by Cosmos European Travels AG, in the Australian Trademarks Registry and in other global jurisdictions. Circuit Travel Pty Ltd., is an authorised user of the trade and service marks COSMOS and TURNING TRAVEL DREAMS INTO REALITY, owned by Cosmos European Travels AG